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EYMAN v. ALFORD

No. 22274.

448 F.2d 306 (1969)

Frank A. EYMAN, Superintendent, Arizona State Penitentiary, Appellant, v. Robert ALFORD, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 28, 1971.

Attorney(s) appearing for the Case

Jerry L. Smith (argued), County Atty., Flagstaff, Ariz., Darrell F. Smith, Atty. Gen., James S. Tegart, Asst. Atty. Gen., Phoenix, Ariz., for appellant.

W. Edward Morgan (argued), Tucson, Ariz., John H. Grace (argued), Flagstaff, Ariz., for appellee.

Before JOHNSEN, MERRILL and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

This is an appeal from an order of the district court, after an evidentiary hearing, granting a writ of habeas corpus on petition of appellee, under sentence of death for the crime of murder. The district court stayed its order pending disposition of this appeal. We reverse.

Appellee exhausted his state remedies by appeal to the Arizona Supreme Court (State v. Alford, 98 Ariz. 124,

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